South Carolina General Assembly
117th Session, 2007-2008

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S. 252

STATUS INFORMATION

General Bill
Sponsors: Senator Knotts
Document Path: l:\council\bills\nbd\11107ac07.doc

Introduced in the Senate on January 9, 2007
Introduced in the House on May 6, 2008
Last Amended on April 2, 2008
Currently residing in the House Committee on Judiciary

Summary: Alimony and spousal support

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
    1/9/2007  Senate  Introduced and read first time SJ-141
    1/9/2007  Senate  Referred to Committee on Judiciary SJ-141
   1/17/2007  Senate  Referred to Subcommittee: Ritchie (ch), Rankin, Lourie, 
                        Scott
   3/26/2008  Senate  Committee report: Favorable with amendment Judiciary SJ-8
    4/1/2008  Senate  Committee Amendment Adopted SJ-26
    4/2/2008          Scrivener's error corrected
    4/2/2008  Senate  Amended SJ-20
    5/1/2008  Senate  Read second time SJ-32
    5/1/2008  Senate  Unanimous consent for third reading on next legislative 
                        day SJ-32
    5/2/2008  Senate  Read third time and sent to House SJ-3
    5/6/2008  House   Introduced and read first time HJ-30
    5/6/2008  House   Referred to Committee on Judiciary HJ-30

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

1/9/2007
3/26/2008
4/1/2008
4/2/2008
4/2/2008-A

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

AMENDED

April 2, 2008

S. 252

Introduced by Senator Knotts

S. Printed 4/2/08--S.

Read the first time January 9, 2007.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-3-155 SO AS TO PROVIDE THAT FOR PURPOSES OF PROVISIONS OF LAW REQUIRING THE CESSATION OF ALIMONY AND SPOUSAL SUPPORT UPON THE REMARRIAGE OF THE SUPPORTED SPOUSE, A REMARRIAGE OF THE SUPPORTED SPOUSE WHICH IS LATER ANNULLED BY A COURT OF COMPETENT JURISDICTION SHALL CAUSE THE CESSATION OF ALIMONY OR SPOUSAL SUPPORT; TO PROVIDE THAT PARTIES MAY ENTER INTO A CONSENT ORDER FOR CONTINUED SUPPORT CONTRARY TO THIS SECTION; AND TO FURTHER PROVIDE THAT A PERSON MAY PETITION FOR RELIEF FROM AN ORDER TO PAY ALIMONY OR SPOUSAL SUPPORT IF THE ORDER REINSTATED ALIMONY OR SPOUSAL SUPPORT TO A FORMER SPOUSE WHOSE REMARRIAGE WAS LATER ANNULLED.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1.    Chapter 3, Title 20 of the 1976 Code is amended by adding:

"Section 20-3-155.    For purposes of Section 20-3-150 and other provisions of law requiring the cessation of alimony or spousal support upon the remarriage of the supported spouse, a remarriage of the supported spouse which is later annulled by a court of competent jurisdiction, except a remarriage which is later annulled by a court of competent jurisdiction on the ground of mental incompetency, shall cause the cessation of alimony or spousal support. The parties to a divorce or separation agreement may enter into a consent order to permit continued support contrary to the provisions of this section. A person may petition a court of competent jurisdiction for relief from an order to pay alimony or spousal support pursuant to the provisions of this section if the order from which the person seeks relief is an order reinstating alimony or spousal support to a former spouse whose remarriage was later annulled by a court of competent jurisdiction."

SECTION    2.    If any section, subsection, paragraph, subparagraph, item, subitem, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, item, subitem, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, items, subitems, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.

SECTION    3.    This act takes effect upon approval by the Governor.

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